Finger to Nose

You are standing at the side of the road, the police officer suspects you are drunk, and you mistakenly believe that you must take the field sobriety tests.  The officer asks you to stand with your feet together and tilt your head back.

Great!  You know what’s next, you’ve seen COPS on television!  You touch your finger to your nose!  Interestingly, as with most field sobriety tests, the officer is not only looking to see if you can find your nose with your index fingers.  He or she is also trying to determine whether or not you can listen and follow directions!

In my former life, as an Assistant District Attorney, I focused on the small details because not every case had a breathalyzer or a defendant who could not stand up.    I would draw out that the defendant started the test before he or she was asked, or that he or she didn’t tilt his or her head back.   If you take field sobriety tests – you will be nervous – and even if you are totally sober you can give the police officer evidence that can be used against you in court!

Have you taken a field sobriety test or two?  Have you been arrested?  Charged with Operating Under the Influence?  Contact me for a consultation at 866-981-7888 or jessica@jessicafoleylaw.com.

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